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MCGOWAN v. EMPRESS ENTERTAINMENT, INC.

Civ. A. No. 17780.

791 A.2d 1 (2000)

Edward T. McGOWAN, Plaintiff, v. EMPRESS ENTERTAINMENT, INC., Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: December 21, 2000.

Attorney(s) appearing for the Case

William D. Johnston and John J. Paschetto, of Young, Conaway, Stargatt & Taylor, Wilmington; and Joel S. Feldman, Jonathan J. Polish and Shobha Mahadev, Sachnoff & Weaver, Ltd., Chicago, Illinois, for Plaintiff.

Wayne J. Carey, of Prickett, Jones & Elliott, Wilmington; and Suzanne L. Saxman and Mark L. Johnson, of D'Ancona & Pflaum LLC, Chicago, Illinois, for Defendant.

OPINION

JACOBS, Vice Chancellor.

The plaintiff in this action seeks an order requiring the corporation of which he was a director, to pay the attorneys' fees that he incurred to enforce his right to inspect the corporation's books and records. After the plaintiff demanded those records, the corporate defendant misled him for over 16 months, by promising him both orally and in writing that the books and records would be produced forthwith. Those promises...

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